Published 4:00 am, Saturday, March 13, 2004

Justin Helzer will be tried for the brutal slayings of five people in two counties before his brother Glenn Helzer faces a jury that will decide whether he should be put to death for the crimes, a judge ruled Friday.

Contra Costa Superior Court Judge Mary Ann O'Malley's ruling all but eliminates the possibility that Glenn Helzer, who has pleaded guilty to 18 charges stemming from the killings, will testify on his brother's behalf.

The two men were to be tried together for their roles in the 2000 killings, but that plan fell apart when Glenn Helzer made a surprise guilty plea last week on the eve of trial.

A jury still must determine whether the former stockbroker will be sentenced to death, and O'Malley ruled last week that the brothers must be tried separately. She said Justin Helzer, 32, would not get a fair trial if jurors saw him accompanied by a man who had already pleaded guilty to the crimes. That decision left attorneys on both sides of the case arguing over who should be tried first.

On Friday, O'Malley agreed with prosecutor Harold Jewett when she said there was a "risk of prejudicial association of guilt" if Glenn Helzer, 33, were tried ahead of Justin Helzer, who has pleaded not guilty by reason of insanity."I believe it would be much more difficult and much more risky if (Glenn) is first," she said.

The decision disappointed public defender Daniel Cook, who argued that Justin Helzer should be tried after his brother so Glenn Helzer could testify to the brothers' childhood and relationship.

"Now, we're not going to have that opportunity because, understandably, Glenn's not going to be available until after the jury reaches a verdict (in Glenn Helzer's case)," Cook said outside court.

Cook said Friday that he may ask O'Malley to reconsider her decision to have separate trials. A single trial would allow Glenn Helzer to testify on his brother's behalf, Cook said.

Justin Helzer was visibly agitated in court Friday, at one point loudly saying "Stop!" to his attorney and interrupting him several times. That prompted a sharp rebuke from the judge.

Glenn and Justin Helzer, along with Dawn Godman, are accused of killing Annette Steinman, 78, and Ivan Steinman, 85, as part of a plot to extort $100, 000 from the retired Concord couple, who once were Glenn Helzer's clients.

Authorities believe 22-year-old Selina Bishop, who was dating Glenn Helzer and was the daughter of blues guitarist Elvin Bishop, was struck and killed after learning of the scheme. Her body and those of the Steinmans' were found dismembered in duffel bags pulled from the Sacramento-San Joaquin River Delta.

Prosecutors also charged the Helzers with the shooting deaths of Bishop's mother, Jennifer Villarin, 45, and her friend, James Gamble, 54, in Marin County after they learned of the plot.

Godman pleaded guilty last year to five counts of murder and agreed to testify against the brothers to avoid the death penalty. She was sentenced to nearly 38 years in prison.